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Frequently Asked Questions:
1. Why did I get a notice package?
You may have purchased or received an iTunes gift card where the card or packaging to which it was attached contained language that "songs are 99¢" or other language indicating that songs are priced at 99¢. For convenience, these gifts cards will be referred to as "99¢ iTunes Gift Cards."
The Court ordered that a Notice be sent to you because you have a right to know about a proposed settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the settlement. If the Court gives its final approval and any appeals are resolved, and if you follow the instructions for submitting a claim, you will receive the iTunes Store credit that the settlement allows.
This website explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
The Court in charge of the case is the California Superior Court for the County of Santa Clara, and the lawsuit is known as Johnson v. Apple Inc., Case No. 1-09-CV-146501. For convenience, this will be referred to as "the Lawsuit." The person who sued is called "Plaintiff," and the company they sued, Apple Inc., is called "Apple" or "the Defendant."
2. What is this lawsuit about?
The Lawsuit claimed that Apple advertised, distributed, and sold gift cards which stated that songs could be purchased at Apple’s online iTunes Store for a price of 99¢ per song. It further alleged that in April 2009, Apple raised the price of certain songs at the iTunes Store from 99¢ to $1.29 and that 99¢ iTunes Gift Card holders who purchased $1.29 songs were overcharged.
A similar class action was filed in the United States District Court for the Southern District of Illinois. That case is known as Owens v. Apple Inc., Case No. 3:09-cv-00479-MJR-DGW ("Owens Action"). It will be dismissed if the Court approves this settlement.
Apple denies all allegations in the Lawsuit and in the Owens Action, and has asserted many defenses. Apple is entering into this settlement to avoid burdensome and costly litigation. The settlement is not an admission of wrongdoing or an indication that any law was violated.
3. Why is this a class action?
In a class action, one or more people, called "Class Representatives" or "named plaintiffs" (in this case Gabriel Johnson, Daniel E. Owens, and Barbara Owens), sue on behalf of people who have alleged similar claims. All these people are the Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. California Superior Court Judge Joseph H. Huber is in charge of this class action.
4. Why is this a settlement?
The Court did not decide in favor of Plaintiff or Defendant. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and settlement benefits go to the Class Members. The Class Representatives and the attorneys think the settlement is best for the Class Members.
5. How do I know if I am part of the settlement?
Judge Huber has decided that everyone who fits this description is a Class Member: All United States residents who purchased or received an iTunes Gift Card where the card or the packaging to which it was attached contained language that "songs are 99¢" or other language indicating that songs are priced at 99¢, and used it to purchase one or more $1.29 songs from the iTunes Store on or before May 10, 2010.
The Settlement Class does not include Apple; any entity in which Apple has a controlling interest; Apple’s directors, officers, and employees; Apple’s legal representatives, successors, and assigns; and anyone who validly requests exclusion from the Settlement Class.
If you are still not sure whether you are included, you can call or write to counsel for the Settlement Class at the following addresses: William M. Audet, Jonas P. Mann, Audet & Partners, LLP, 221 Main Street, Suite 1460, San Francisco, CA 94105, johnsonsettlement@audetlaw.com; W. Lewis Garrison, Gayle L. Douglas, Heninger Garrison Davis, LLC, P.O. Box 11310, Birmingham, AL 35202, johnsonsettlement@hdglawfirm.com; or James G. Onder, Michael S. Kruse, Onder, Shelton, O’Leary & Peterson, LLC, 110 East Lockwood, St. Louis, MO 63119, johnsonsettlement@onderlaw.com.
6. What does the settlement provide?
Apple has agreed to provide an iTunes Store Credit in the amount of $3.25 to all Settlement Class Members who qualify and submit a valid Claim Form. In exchange for their time in prosecuting this action and creating a benefit for the Class, Class Counsel is entitled to an award of attorneys’ fees. Apple has also agreed not to oppose an award of attorney’s fees and verified costs to Class Counsel in an amount not to exceed $2,117,500.00 and service awards not to exceed $2,500.00 each to the three named plaintiffs. The settlement distribution process will be administered by an independent claims administrator ("Claims Administrator") approved by the Court.
To be entitled to an iTunes Store credit under the settlement, you must be a United States resident who purchased or received a 99¢ iTunes Gift Card and used it to purchase one or more $1.29 songs from the iTunes Store on or before May 10, 2010.
You are limited to one iTunes Store credit.
7. How can I get an iTunes Store credit?
You must have submit an online Claim Form via this website. The deadline to file a claim was September 24, 2012.
8. When would I get my credit?
Credits were emailed on November 1, 2012.
9. What am I giving up to get a credit or stay in the Class?
Unless you exclude yourself, you are staying in the Class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit against Apple about the legal issues in this case. It also means that all of the Court’s orders will apply to you and legally bind you. To see a description of the legal claims that you are giving up, click here to read the Release.
10. How do I get out of the settlement?
If you don’t want to participate in this settlement, but you want to keep the right to sue or continue to sue Apple on your own about the legal issues in this case, then you must take steps to get out. This is called excluding yourself — or is sometimes referred to as opting out of the Settlement Class.
The deadline to exclude yourself was December 29, 2011.
11. If I don’t exclude myself, can I sue Apple for the same thing later?
No. Unless you exclude yourself, you give up the right to sue Apple for the claims that this settlement resolves.
The deadline to exclude yourself was December 29, 2011.
12. If I exclude myself, can I get benefits from this settlement?
No. If you exclude yourself, you cannot send in a Claim Form or make a claim. But, you may sue, continue to sue, or be part of a different lawsuit against Apple about the legal issues in this case.
13. Do I have a lawyer in this case?
The Class is represented in this case by William M. Audet, Jonas P. Mann, Audet & Partners, LLP, 221 Main Street, Suite 1460, San Francisco, CA 94105, johnsonsettlement@audetlaw.com; W. Lewis Garrison, Gayle L. Douglas, Heninger Garrison Davis, LLC, P.O. Box 11310, Birmingham, AL 35202, johnsonsettlement@hdglawfirm.com; or James G. Onder, Michael S. Kruse, Onder, Shelton, O’Leary & Peterson, LLC, 110 East Lockwood, St. Louis, MO 63119, johnsonsettlement@onderlaw.com.
Together, these lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
14. How will the lawyers be paid?
Class Counsel will ask the Court for an award of attorneys’ fees and expenses of up to $2,117,500.00. Apple has agreed not to oppose this amount. The Court may award less than this amount.
Class Counsel will also ask the Court for an award of $2,500.00 for each of the named plaintiffs in the Lawsuits. Apple has agreed not to oppose these awards. These awards will be based on the contribution to the case as well as the time and expense involved in participating in the lawsuits. The Court may award less than these amounts.
The attorneys’ fees and expenses and the award for each of the named plaintiffs was negotiated separately from the amount to be paid to the Class and do not reduce the amount of the award to the Class.
15. How do I tell the Court that I don’t like the settlement?
If you’re a Class Member, you can object to the settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it.
The deadline to exclude yourself was December 29, 2011.
16. What’s the difference between objecting and excluding?
Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object, because the case no longer affects you.
17. When and where will the Court decide whether to approve the settlement?
The Court held a Fairness Hearing at 9 a.m. on Friday, February 10, 2012, at the Superior Court of California for the County of Santa Clara, located at Department 21, 191 North First Street, San Jose, California 95113. The settlement has been approved.
18. Do I have to come to the hearing?
No. Class Counsel will answer questions the Court may have. But, you are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was received on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary. Finally, you may seek to intervene in the action, but you need not do so.
19. May I speak at the hearing?
You may ask the Court for permission to speak at the Fairness Hearing; you are welcome to come at your own expense. You cannot speak at the hearing if you excluded yourself.
20. What happens if I do nothing at all?
If you do nothing, you’ll get nothing from this settlement. But, unless you exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Apple about the legal issues in this case, ever again.
21. How do I get more information about the settlement?
This website summarizes the proposed settlement. More details are in a Settlement Agreement.
Copies of the Settlement Agreement and the pleadings and other documents relating to the case are on file at the Santa Clara Superior Court, and may be examined and copied at any time during regular office hours at the Office of the Clerk, Santa Clara Superior Court, 191 North First Street, San Jose, California 95113.
You may also write to counsel for the Settlement Class at William M. Audet, Jonas P. Mann, Audet & Partners, LLP, 221 Main Street, Suite 1460, San Francisco, CA 94105, johnsonsettlement@audetlaw.com; W. Lewis Garrison, Gayle L. Douglas, Heninger Garrison Davis, LLC, P.O. Box 11310, Birmingham, AL 35202, johnsonsettlement@hdglawfirm.com; or James G. Onder, Michael S. Kruse, Onder, Shelton, O’Leary & Peterson, LLC, 110 East Lockwood, St. Louis, MO 63119, johnsonsettlement@onderlaw.com.
You can also call a toll-free number to request a mailed copy of the Full Notice. Dial 1-888-332-0275 to record your name and address so it can be mailed to you. Questions may not be directed to the Court.
22. Can I submit a paper Claim Form?
No. Only claims filed on this website will be considered. Please note that the filing deadline passed on September 24, 2012.
23. What is my Apple ID?
Your Apple ID is generally the email address associated with your iTunes account, though there is a small number of Apple IDs that are not email addresses.
Your claim will only be approved if you file a completed claim by September 24, 2012 using an eligible Apple ID. To verify if you have an Apple ID, you can click here.
24. Can I submit more than one claim?
You can only submit one claim for each Apple ID you have. If you have more than one Apple ID, you may submit a claim for each one. Your claim will only be approved if you file a completed claim by September 24, 2012 using an eligible iTunes Apple ID, and you will only receive one award for each Apple ID.
25. My claim was denied. Do I have any recourse?
No. The website clearly defines the Claim Form filing process. You may attempt to file using a different iTunes Apple ID, but you cannot attempt to file again using the same Apple ID.
26. I filed my claim online but I forgot to check all of the check boxes. Can I fix my claim?
No. The website clearly defines the Claim Form filing process, and that only one attempt may be made with each iTunes Apple ID. If you have already made that attempt, there will be no further attempts allowed for this Apple ID.
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